Page:Human Cloning and Other Prohibited Practices Act 2004.pdf/8

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8

NO. 35 OF 2004



(b) receive, or offer to receive, valuable consideration from another person,

for the supply of any human egg, human sperm or human embryo.

(2) Any contract or arrangement entered into by any person in contravention of subsection (1) shall be void.

(3) Subsection (2) shall not apply to or in relation to any contract or arrangement providing only for the reimbursement of any reasonable expenses incurred by a person in relation to the supply of any human egg human sperm or human embryo.

(4) For the avoidance of doubt, any reference in this section to the supply of any human sperm or human embryo shall not include the provision of any service for facilitating the donation and receipt of any human egg, human sperm or human embryo by receiving, storing, processing and subsequently implanting the donated human egg, human sperm or human embryo in the body of another human, whether or not for consideration.

(5) In this section—

"reasonable expenses"—
(a) in relation to the supply of any human egg or human sperm, includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and
(b) in relation to the supply of any human embryo, includes, but is not limited to, expenses relating to the storage or transport of the embryo;
"valuable consideration", in relation to the supply of any human egg, human sperm or human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.